You report a Hepsiburada listing that infringes your trademark through a notary or KEP, Türkiye's registered electronic mail system, according to Hepsiburada's "Fikri ve Sınai Mülkiyet Hakkı İhlaline İlişkin Başvuru Süreci" (application process for intellectual and industrial property infringement) page. Right holders who sell on Hepsiburada can also use the Seller Portal. The notice includes the registration certificate issued by TÜRKPATENT, the applicant's identity and contact details, the grounds and evidence of infringement, the web address of the listing and a signed liability statement. For a notice that meets the requirements, the product is taken down within 48 hours at most. If the seller documents that the product is genuine, it is republished within 24 hours.
Which channels does Hepsiburada accept notices through?
Hepsiburada's application process page separates the channels by who is filing:
| Channel | For whom | How |
|---|---|---|
| Notary | All right holders | A notice served on the company through a notary |
| KEP | All right holders | A registered electronic mail message to dmarket@hs02.kep.tr |
| Seller Portal | Right holders who sell on Hepsiburada | A notice through the internal communication system |
Unlike Trendyol, Hepsiburada does not offer a web form for right holders who are not sellers. Ordinary email, phone and customer service are not among these channels. For those using a notary, Hepsiburada's contact page gives the company name as D-Market Elektronik Hizmetler ve Tic. A.Ş. and the head office address as Kuştepe Mah. Mecidiyeköy Yolu Cad. Trump Towers Kule 2 Kat:2 No:12 34387 Şişli/İstanbul. The same page also lists the KEP address as dmarket@hs02.kep.tr. Addresses can change, so check both pages again before filing.
What is the legal basis for the notice?
The basis is paragraph 3 of Article 9 of Law No. 6563 on the Regulation of Electronic Commerce. On a complaint from the right holder that rests on information and documents showing an infringement of intellectual or industrial property rights, the marketplace removes the product and notifies the seller and the right holder. The procedure is set out in Articles 12 to 14 of the Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers, in force since 1 January 2023. Hepsiburada's page follows these articles almost word for word.
The right itself comes from Industrial Property Law No. 6769, which is why the registration certificate sits at the centre of the notice. We compare the other marketplaces in our article on Hepsiburada, n11, Amazon.com.tr and Dolap.
What information and documents must the notice include?
Hepsiburada's page lists the following elements:
- Proof of ownership: the registration certificate issued by TÜRKPATENT. For copyright, the banderole form issued by the Ministry of Culture and Tourism or the activity certificate of a collecting society under Law No. 5846.
- Applicant details: for individuals, name, Turkish ID number, address, email and KEP address if available. For legal entities, trade name, address, email and KEP address if available.
- Representative details: if a lawyer or trademark attorney files the notice, the same details for the principal and the representative, and a document showing the representative's authority.
- Grounds and evidence: an explanation of why the product infringes the right and the evidence supporting it.
- Web address: the link showing the product complained of.
- Liability statement: a statement that the applicant is liable for damage if the information and documents submitted are untrue.
According to the page, if even one of these elements is missing, the notice is disregarded and the applicant is told what is missing.
How do you prepare the liability statement?
Hepsiburada links to a downloadable sample text for the liability statement on its page. A separate sample statement for seller objections is on the same page. Filling in the sample with your own details and attaching it to the notice reduces the risk of an incomplete filing.
The statement carries real weight. The applicant can be held liable for the loss of a seller whose listing was removed because of a false or overstated claim. That is why you should be sure the product really infringes before signing it.
How do you prepare the grounds and the evidence file?
Hepsiburada's page sets no character limit or template for the grounds. Through a notary or KEP, the notice goes out as a petition with attachments. That makes a detailed evidence file possible, but it also has to be well organized.
Record the listing and the seller together. Take the listing's link, title, price and images with a dated screenshot. Under Article 5 of the regulation, a merchant selling on a marketplace must show its trade name, business name or registered trademark, its KEP address and its MERSİS (central registration system) number or tax ID in the area assigned to it. Recording these details makes it easier to match the seller with listings on other platforms.
Write concrete grounds. In a few sentences, explain that the sign on the listing is identical to the registered mark, which classes the registration covers and why the product is not genuine. A packaging difference, a model that does not exist in the original range, or a product group the brand has never made can support those grounds.
Add a comparison. Side-by-side photos with the genuine product and, where a test purchase was made, photos of the product received and its packaging strengthen the grounds.
One listing, one link. If the same seller has several listings, list the link for each one separately.
We explain how to record evidence in detail in our article can a screenshot be evidence?
What happens after the notice?
According to Hepsiburada's page, for a notice that meets the requirements, the product is removed without delay and within 48 hours of the notice arriving, and the right holder and the seller are informed.
The seller can object through the Seller Portal, a notary or KEP. The objection includes its grounds and evidence, an invoice or equivalent document capable of proving that the product is genuine, contracts and documents tracing the chain back from the seller to the right holder or to those who placed the product on the market with the right holder's authority, and a liability statement. If these documents clearly show the seller is right, the product is republished within 24 hours at most of the objection arriving. The review is limited to the documents the seller submits.
The page states one more rule: unless new documents proving the infringement are submitted, a complaint about the same product and the same claim is not processed. A weak first notice therefore also makes a second attempt on the same listing harder. Under Article 14 of the regulation, the right to apply to the courts and administrative authorities is preserved in every case.
Can a genuine but unauthorized sale be reported too?
Not every unauthorized sale is a trademark infringement. Under Article 152 of the Industrial Property Law, acts concerning products placed on the market by the right holder or with its consent fall outside the scope of the right; the exception is commercial use of a product that has been altered or impaired. If a seller of genuine goods objects with an invoice, the product will most likely come back. We explain this distinction in our article on authorized and unauthorized use.
Frequently asked questions
Can I file a notice if I do not sell on Hepsiburada?
Yes. Right holders who are not sellers use a notary or KEP. The Seller Portal is only open to right holders who sell on the platform.
Can I send a notice to Hepsiburada by email?
Hepsiburada's page does not list ordinary email as a channel. For an electronic filing, the KEP address is dmarket@hs02.kep.tr.
How quickly is a listing removed?
Under Hepsiburada's page and the regulation, within 48 hours at most of a notice that meets the requirements arriving.
Can I report several listings in one notice?
The page sets no specific rule on this. In practice, the link and grounds for each listing should be shown separately in the notice; if you are unsure, consult a trademark attorney before filing.
What happens if the seller objects?
If the seller's invoices and supply chain documents clearly show it is right, the product is republished within 24 hours at most. A repeat complaint on the same claim is not processed without new documents.
How does Authex help in this process?
A removed listing can quickly be replaced by a new one. Recording the date, link and outcome of every notice, and the seller's objection documents, makes it easier to tie a new listing to an earlier case. Authex finds the listings that use your brand on marketplaces including Hepsiburada, documents each finding with the listing address, seller details, timestamp and screenshot, and prepares a draft notice and evidence package. The scope is on the marketplace monitoring page.
Authex does not take legal action, does not remove listings and does not send notices on your behalf. The notary or KEP filing is made by the right holder or the lawyer or trademark attorney it authorizes.
This article is for general information. Channels, addresses and documents can change; check Hepsiburada's current page and the current text of the legislation before filing, and seek advice from a trademark attorney or lawyer in a specific dispute.
Sources
- Hepsiburada, Fikri ve Sınai Mülkiyet Hakkı İhlaline İlişkin Başvuru Süreci (IP infringement application process), in Turkish
- Hepsiburada, Kurumsal İletişim (corporate contact page), in Turkish
- Law No. 6563 on the Regulation of Electronic Commerce (Article 9), in Turkish
- Regulation on Electronic Commerce Intermediary Service Providers and Electronic Commerce Service Providers, Official Gazette, 29 December 2022, No. 32058 (Articles 5, 12-14), in Turkish
- Industrial Property Law No. 6769 (Article 152), in Turkish
